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Home My WebLink About16-57 - Resolutions - A Request To Revise The Conditions Of Approval, Located On The South Side Of 8TH Street RESOLUTION NO. 16-57 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW MODIFICATION DRC2016-00345 - A REQUEST TO REVISE THE CONDITIONS OF APPROVAL FOR DRC2007-00951 (PLANNING COMMISSION RESOLUTION NO.14-08) FOR THE BIANE WINERY, A COMPLEX COMPRISED OF FIFTEEN (15) BUILDINGS/STRUCTURES AND THREE (3) SINGLE-FAMILY RESIDENCES LOCATED ON TWO (2) PARCELS WITH A COMBINED AREA OF 10.41 ACRES IN THE GENERAL INDUSTRIAL (GI) DISTRICT LOCATED ON THE SOUTH SIDE OF 8TH STREET, BETWEEN HERMOSA AND ARCHIBALD AVENUES; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0209-201-19 AND 20. A. Recitals. 1. Jary Cockroft, for Biane Family Properties, filed an application for Design Review DRC2016-00345, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Design Review request is referred to as "the application." 2. On the 22nd of January, 2014, the Planning Commission of the City of Rancho Cucamonga approved DRC2007-00951. 3. On the 9th of November, 2016, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the application and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to the Planning Commission during the above-referenced public hearing on November 9, 2016, including written and oral staff reports, together with public testimony, the Planning Commission hereby specifically finds as follows: a. The application applies to a request to modify the conditions of approval for DRC2007-00951 to allow for the demolition of the wine maker's residence and caretaker residence located at the Biane Winery; and b. The subject property is located in the General Industrial (GI) District; and c. The property to the north is in the Low Medium (LM) Residential District and is developed with the Santa Fe Railway and residential development north of the tracks; and, the properties to the south, east, and west are in the General Industrial (GI) Residential District and are developed with industrial and commercial buildings; and PLANNING COMMISSION RESOLUTION NO. 16-57 DESIGN REVIEW MODIFICAITON DRC2016-00345= BIANE FAMILY PROPERTIES November 9, 2016 Page 2 d. A memorandum prepared by LSA Associates providing for further review of the Biane Winery Impacts Assessment (February 12, 2016) concludes that the wine maker's residence and the caretaker residence derive their significance solely from their association with the winery. They residences are not individually significant and are typical examples of small, wood-framed houses and if they are relocated off-site, they would be out of context and their significance as contributing resources would be lost; and e. Demolition of the wine maker's residence and the caretaker residence would not affect the National Register eligibility of the Biane Winery, and the demolition of these structures would not be a significant impact to the historic property. 3. Based upon the substantial evidence presented to the Planning Commission during the above-referenced public hearing, and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, the Planning Commission hereby finds and concludes as follows: a. The proposed use is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. General Plan Policy LU-16.1 incorporates historic preservation principles into the City's project review process with the goal of minimizing potential impacts to historic resources when developing and enforcing land use; and b. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to the properties or the improvements in the vicinity. The two residences are interior to the project site and their demolition will not impact the public health or properties or improvements in the vicinity; and c. The application, which contemplates operation of the proposed use, complies with each of the applicable provisions of the Development Code. The demolition of the two residential structures and the ultimate development of the project site will comply with all applicable development standards of the Development Code. 4. Pursuant to the California Environmental Quality Act (CEQA) and the City's Local CEQA Guidelines, the City adopted a Mitigated Negative Declaration on January 22, 2014, in connection with the City's approval of Development Review DRC2007-00951. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project. No substantial changes are proposed to the project that indicate new or more severe impacts on the environment; no substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; no new important information shows the project will have new or more severe impacts than previously considered; and no additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. There have been no substantial changes to the project or the circumstances surrounding the project which would create new or more severe impacts than those evaluated in the previous Mitigated Negative Declaration. Staff further finds that the project will not have one or more significant effects not discussed in the previous Mitigated Negative Declaration, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less-than-significant. PLANNING COMMISSION RESOLUTION NO. 16-57 DESIGN REVIEW MODIFICAITON DRC2016-00345— BIANE FAMILY PROPERTIES November 9, 2016 Page 3 5. Based upon the findings and the conclusions set forth in Paragraphs 1, 2, 3, and 4 above, the Planning Commission hereby approves the application, subject to the Conditions of Approval, attached hereto and incorporated herein by this reference. 6. The Secretary shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF NOVEMBER 2016. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: __1/C ".. Francisco Oaxaca, Chairman ATTEST: TDVLJ`Jd- t6,dyce Burnett, Secretary I, Candyce Burnett, Secretary of the Planning Commission for the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 9th day of November 2016, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, OAXACA, MACIAS NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MUNOZ, WIMBERLY ABSTAIN: COMMISSIONERS: NONE Conditions of Approval 40-40 �xatvrtlo Community Development Department AMGNG A Project#: DRC2016-00345 Project Name: Design Review-Commercial Industrial - Modification Location: 10013 8TH ST-020920119-0000 Project Type: Design Review Modification ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 1. All applicable conditions of approval contained in Planning Commission Resolution No. 14-08 for DRC2007-00951, shall apply. 2. Planning Department Conditions of Approval Nos. 7 and 8, contained in Planning Commission Resolution No. 14-08, are deleted in their entirety. 3. Following appropriate HABS Level III documentation, the Wine Maker's Residence and the Caretaker Residence may be demolished along with other previously determined non-contributing structures on the project site. 4. The cement sidewalk extending north from the Biane Winery at the Vermouth Cellar door, across the historic spur line and up to the Eighth Street right-of-way shall be removed. Extreme care shall be exercised to protect the historic spur line from the careless or willful damage or destruction to the rail line during the cement removal process. Standard Conditions of Approval 5. The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 6. Copies of the signed Planning Commission Resolution of Approval, Conditions of Approval, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 7. The applicant shall be required to pay California Department of Fish and Wildlife Notice of Exemption fee in the amount of $50.00. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to public hearing or within 5 days of the date of project approval. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community, Specific Plans and/or Master Plans in effect at the time of Building Permit issuance. 9. The site shall be developed and maintained in accordance with the approved plans which include Site Plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Department, the conditions contained herein, and Development Code regulations. www.CityofRC.us Printed:10/25/2016 Project#: DRC2016-00345 Project Name: Design Review-Commercial Industrial - Modification Location: 10013 8TH ST- 020920119-0000 Project Type: Design Review Modification ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval Engineering Services Department Please be advised of the following Special Conditions 1. An access ramp to the street in front of the building has been constructed without a permit. Remove the access ramp and replace curb and gutter back to their original configuration prior to Engineering approval of building permit required per DRC2007-00951. A permit from the engineering department shall be obtained prior to commencement of construction within the right-of-way. www.CityofRC.us Printed:10/25/2016 Page 2 of 2